William R. Day

“ But the 5th section provides for judgment in favor of claimant, and against the United States, in any event where the property of a citizen has been destroyed under the circumstances provided in the statute, but only against the tribe of Indians committing the wrong 'when such can be identified;' and of course it follows that, if they cannot be identified, no judgment can go against them. ”

“ To my mind this decision clearly establishes that, under the act of Congress, the Indian tribe by whom the depredation was committed was not an essential party to give the court jurisdiction over the claim. ”